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307454

Legitimacy and legality "Habermas questioning"

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Last updated: 05 Jan 2025

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Abstract

Habermas seeks to renew our understanding of "legitimacy" and "legality" by including their relationship and problematicism within a concept of law that is exclusively relevant to democratic processes. We suggest here thinking about this concept in three phases: first: defending legal modernity as a horizon for democratic self-legislation, second: by looking at legitimacy as a result of democratic processes, third: presenting the issue of legality as an issue related to democratic processes and in a dependent relationship with them. Finally, the author insists on the legal-philosophical contributions that this theory has made to rethink our legal modernity. The issues surrounding the issue of legitimacy and legality are still the focus of contemporary reflections in legal philosophy, so if we can admit that the problem involves a long and interesting history in which large sections of Western legal philosophy are drawn, then our contemporary philosophical tools, as well as our democratic experiences, seem to us today More conducive to understanding these issues intellectually. The benefit that Habermas's theory of legitimacy and legality inspires us with comes from his way of understanding law. Therefore, it is necessary - first of all - to clarify this concept before we can consider how it extends thereafter on the axis of legitimacy and finally on the axis of legality.

DOI

10.21608/ijarlg.2023.307454

Keywords

philosophy of law, legitimacy and legality, Habermas, self-regulatory

Authors

First Name

prof. Bjarne

Last Name

Melkevik (Author)

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Affiliation

professor of philosophy of law at Laval university (Canada).

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First Name

translated by Mr. Judge/ Ayman Awad Elsaeid

Last Name

Awad Elkholy

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Affiliation

Judge at Council of state.

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Volume

5

Article Issue

1

Related Issue

42261

Issue Date

2023-06-01

Receive Date

2023-07-12

Publish Date

2023-06-01

Page Start

212

Page End

230

Print ISSN

2735-5411

Online ISSN

2735-542X

Link

https://ijarlg.journals.ekb.eg/article_307454.html

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https://ijarlg.journals.ekb.eg/service?article_code=307454

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307,454

Type

Original Article

Type Code

2,012

Publication Type

Journal

Publication Title

International Journal of Advanced Research on Law and Governance

Publication Link

https://ijarlg.journals.ekb.eg/

MainTitle

Legitimacy and legality "Habermas questioning"

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Article

Created At

28 Dec 2024